Thought of the Day

The Washington Post has an editorial today that sums up the concerns of many over what is perceived as a politically charged Supreme Court:

Why does the supposedly nonpartisan Supreme Court split so often along ideological lines, with the four conservatives locked in combat against the four liberals and the eclectic Justice Anthony Kennedy determining which faction wins?

And why do all of the justices so often find in the Constitution a mirror image of their own political and policy views on issues as diverse as abortion, race, religion, gay rights, campaign finance, the death penalty and national security?

The justices strenuously deny voting their own policy preferences. So, are they insincere?

I think the answer to this question is no. I think the justices truly believe that they are largely calling ‘balls and strikes” as Justice Roberts famously put it. The problem with the Supreme Court justices is the same problem you and I have when trying to be objective: we tend to construe facts most favorably to the way we want things to turn out.